# Service charges in a senior apartment: checking the statement

> Service charges, care package fee, extras: three items governed by three different sets of rules. What you owe, what you may inspect, and where the common errors hide.

- Source: https://sorgimmo.com/en/blog/service-charges-senior-apartment/
- Published: 2026-08-03
- Language: English
- Publisher: SorgImmo (ONLU AG, Cham, Switzerland) – https://sorgimmo.com

In a senior apartment you rarely pay rent and service charges alone. Usually a **care package fee** and separately billed extras come on top – three blocks governed by three different sets of rules. Service charges are owed only if they were **individually and concretely** agreed in the tenancy agreement (Art. 257a of the Code of Obligations), and you have a right to inspect the original receipts (Art. 257b). None of that applies to the care package fee: it comes from a separate contract. Keeping the two apart reveals the most common errors in minutes.

## Three blocks, three sets of rules

| Block | Legal basis | Reconciled? |
|---|---|---|
| Service charges | tenancy agreement, Art. 257a/257b CO | yes, where paid in instalments |
| Care package fee | care or services contract | usually not, a fixed amount |
| Extras | ordered individually per price list | yes, as used |

So the first step is always the same: **which item belongs to which contract?** Lay the tenancy agreement and the care contract side by side and assign every line of the statement. Anything that cannot be assigned is the first question for the management.

What to watch for when signing these contracts is covered in [Assisted living contracts: a checklist](/en/blog/assisted-living-contract-checklist/).

## Instalments or flat rate?

With **instalments** you pay advances that are reconciled annually against actual costs – producing a further payment or a refund. With a **flat rate** the amount is fixed regardless of consumption and there is no reconciliation. Which system applies is in the tenancy agreement.

On a tight budget a flat rate is easier to plan but may exceed actual consumption. Where instalments apply, checking almost always pays.

## Which service charges are actually owed?

The principle is strict and tenant-friendly: service charges are owed only where **specifically agreed** (Art. 257a). Settled practice means every category of cost must be listed individually and concretely in the tenancy agreement. Phrases such as «plus service charges» or «the usual service charges are borne by the tenant» are not enough. Anything not listed counts as included in the rent – even if the cost is genuinely incurred.

Also inadmissible: costs serving the maintenance or preservation of the building. Replacing a broken heating pump is the landlord's business, not a service charge.

## Your rights regarding the statement

You may demand a **detailed statement** showing total costs, the allocation key and your instalment payments. A single line reading «service charges total» is not enough.

Beyond that, the landlord must on request give you **access to the original receipts** (Art. 257b): energy suppliers' invoices, service contracts, the caretaker's account. Inspection normally takes place at the management office; copies may be charged at a reasonable fee. Under widespread practice a further payment only falls due once you have had the opportunity to check the statement against the receipts – so do ask for inspection before paying.

## The most common errors in senior apartments

**Double billing of the emergency call system and communal rooms.** The classic case: the emergency call system runs through the care package fee and also appears in the service charge statement. Check both schedules side by side.

**Allocation key for shared areas.** Cafeteria, lounge, exercise room: is the cost allocated by floor area, by person or by apartment? All three are permissible, but the key must be in the contract and applied consistently. For a small one-person apartment the difference is noticeable.

**Care staff costs in the service charges.** Care personnel are not a service charge item. If they appear there, it needs questioning.

**Items never agreed.** Management fees, insurance premiums, repairs – frequently encountered, but owed only if expressly listed in the tenancy agreement.

**Vacancies.** If some apartments stand empty, the costs attributable to them may not be shifted onto the remaining tenants.

## Checking in five steps

1. **Assign.** Allocate every item to the tenancy agreement or the care contract.
2. **Compare.** Put the statement next to last year's. Jumps above 20 per cent in a single item need explaining.
3. **Recalculate the allocation key.** Your area or number of occupants relative to the total – is your share right?
4. **Inspect the receipts** if anything stays unclear. Request it in writing, with a deadline.
5. **Formulate objections.** Factually, referring to the specific item and the contractual provision. A template letter helps; the cantonal tenants' association provides them.

## Time limits: how far back does this reach?

Claims from a service charge statement are periodic payments and become time-barred after **five years**. Conversely, you can reclaim overpayments within the same period. So a late statement alone does not extinguish the landlord's claim – but checking is always worthwhile, particularly where the same faulty item has been running for years.

One more thing: if total housing costs rise above the regional maximums for supplementary benefits, you bear the difference yourself. More on that in the guide to [challenging a rent increase](/en/blog/rent-increase-later-life-switzerland/).

## Summary

- Three blocks, three sets of rules: service charges under tenancy law, the care package fee under the care contract, extras per price list.
- Service charges are owed only where individually and concretely listed in the tenancy agreement (Art. 257a).
- You are entitled to a detailed statement and to inspect the original receipts (Art. 257b).
- The most common error in senior apartments: the emergency call system and communal rooms billed twice.
- Claims and refunds become time-barred after five years – an old, faulty item is worth checking.

## Frequently asked questions

### Do I have to pay service charges that are not in my tenancy agreement?

No. Under Art. 257a of the Swiss Code of Obligations, service charges are only owed if they were specifically agreed in the tenancy agreement – individually and concretely. A general phrase such as «plus service charges» is not enough. Items not listed count as included in the rent.

### Does that apply to the care package fee too?

No, and that is the crucial difference. The care package fee is not a service charge but consideration under a separate care or services contract. The terms agreed there apply, not Art. 257a. So first work out which item belongs to which contract.

### May I inspect the original receipts?

Yes. Under Art. 257b the landlord must, on request, give you access to the original receipts, normally at the management office. You may also demand a detailed statement showing total costs, the allocation key and your instalment payments. Copies may be charged at a reasonable fee.

### How far back can additional payments be demanded?

Claims arising from a service charge statement are periodic payments and become time-barred after five years. Conversely, you can reclaim overpayments within the same period. A late statement alone does not extinguish the landlord's claim.

### What is the difference between instalments and a flat rate?

With instalments you pay advances that are reconciled annually against actual costs – resulting in a further payment or a refund. With a flat rate the amount is fixed regardless of actual consumption and no reconciliation takes place. Which system applies is stated in the tenancy agreement.

### Do the emergency call system and communal rooms count as service charges?

Only if they are individually listed as service charge items in the tenancy agreement. Often they run through the care package fee instead – in which case they must not also appear in the service charge statement. That double billing is one of the most common errors.